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(영문) 수원지방법원 성남지원 2018.02.06 2016가합208323
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the chairman of the CJ (hereinafter referred to as the "SP") of the CJ.

B. From around 1977, the non-party clan owned a 15,726 square meters of the D forest land in Gwangju City (hereinafter “the land owned by the clan”). The plaintiff, the defendant, and the E shared 1/3 shares of F forest land owned by the clan 47,408 square meters adjacent to the land owned by the clan since 20 years ago (hereinafter “the instant land”).

(The defendant purchased 1/3 shares from all right holders of the land of this case around 1996).

The plaintiff bid to sell the land owned by the clan and the land of this case, and the non-party to the clan set the lowest limit of the sale amount of the land owned by the clan and the land of this case at 13 billion won, and among which the sale amount of the land of this case was set at 2 billion won.

On March 23, 2015, the Plaintiff sold to G participating in the bidding on behalf of the non-party clans and sold the instant land. The sales price was determined as KRW 13.81 billion by aggregating the land owned by the clans and the instant land (hereinafter “instant sales contract”); on the same day, the Plaintiff received KRW 1.388 billion from G as the down payment of the instant sales contract; and the down payment was paid to the non-party clans.

E. Meanwhile, after the instant sales contract was concluded, the Defendant demanded that the Plaintiff sold the instant land without the consent of the Plaintiff, and due to the nonperformance of the obligation under the instant sales contract, the Plaintiff would have to pay twice the down payment he received by Nonparty Heavy, to G, and on April 16, 2015, the Plaintiff and the Defendant drafted two copies of the agreement (Evidence A5 and 7) and a factual confirmation (Evidence A6) (hereinafter “instant agreement, etc.”) as follows.

A written agreement: Defendant B: The down payment that the non-party of the Plaintiff (the chairperson of the non-party clan) has already received from the purchase price of the land owned by the clan and the land of this case.

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